The use of popular campaign slogans “Boma ni Boma” and “Sonta Epowabomba” has come back to haunt the PF in the election petition which saw Professor Nkandu Luo’s lose her Munali parliamentary seat.
Justice Edward Musona in his judgement stated that the political battle in Munali Constituency Parliamentary elections was not fought on a level ground because Prof. Luo was a Cabinet Minister and abused government resources in her campaigns such as government motor vehicle, government driver, government fuel and other resources attaching to the office of Minister while the other candidates went into that war in their private capacities.
In a damning judgement on the conduct of the PF during the elections, Justice Musona stated that the PF slogan “Boma ni Boma” clearly proves that abuse of government resources and confirms that Professor Luo was in government, she was the Boma.
“F/Nkandu Luo was aware at the material time that she was in the campaigns as a Minister while other candidates did so as ordinary members of the public. There is no dispute that the slogan, “Boma ni Boma” was used in Munali Constituency Parliamentary elections. There is no dispute that the Respondents including the 1st Respondent were aware of this intimidating slogan. This slogan was not only intimidating but was also belittling the other competitors who then were not in government as F/Nkandu Luo was,” part of the judgement read.
Justice Musona said the Petitioner further told this court that the 1st Respondent who was a serving Minister continued to campaign as a Minister Inspecting Government on-going projects using Government transport, Government driver and other Government resources after Parliament was dissolved.
“Among the on-going Government projects which the 1st Respondent is alleged to have inspected during campaigns after Parliament was dissolved are water projects in Kaunda Square Ward, Mtendere Ward and Chainda Ward, and there were also slogans such as “sontapo epowabomba”, which literally means show us where you have worked. The 1st Respondent also held rallies without the police stopping her because she was a serving Minister, this the Petitioner alleges that it worked to the advantage of the 1st Respondent and unfortunately to the disadvantage of the Petitioner. The Petitioner alleged that she was not allowed to hold public meetings (rallies) as the 1st Respondent did. During fighting the 1st Respondent’s party would shout a slogan saying “Boma ni Boma.” What the Petitioner understood by this slogan, and going by what she experienced during those campaigns was to mean that the party for the 1st Respondent was above the law because it was the Political Party in government.”
The judgement reads, “It is not in dispute that Cabinet Ministers of which the 1st Respondent purportedly was are entitled to government motor vehicle, public fuel and public driver. The 1st Respondent herself admitted that she had two government motor vehicles of which one was an official motor vehicle and the other was a personal to holder motor vehicle. She also admitted that she had a government driver. The only dispute is that she used a government motor vehicle and a government driver or other government resources during her campaigns. According to her, she told this court that when going on her campaigns she would park the government motor vehicle at her house and leave the government driver then she would go on her campaigns using her personal motor vehicles namely, a Toyota Noah and a Toyota Regius driven by a non-government driver.”
“The lacuna in her evidence is that I have not seen any government guideline to preclude a Minister from using government resources such as a government motor vehicle during campaigns. Ministers had government resources at their disposal. It was left solely to the Ministers themselves whether or not to avail themselves of those government resources, of which the 1st Respondent denies having used government resources.”
“Truly, the 1st Respondent had her personal motor vehicles, namely, a Toyota Noah and a Toyota Regius which she used during her campaigns but I have seen no evidence to show that she truly did not use a government motor vehicle as well. In the contrast, there is evidence from the Petitioner that the 1st Respondent was seen driven in a government motor vehicle with a Zambian flag flying during campaigns.”
Justice Musonsa said, “The Petitioner testified how she saw the 1st Respondent driven in a government motor vehicle with a Zambian flag on it. Wendy Lwendo Michelo was PW5 who also testified that she once saw the 1st Respondent being driven in a government motor vehicle with a Zambian flag on it, and that there was a Toyota Noah branded in PF colours with a portrait for the 1st Respondent accompanying that government motor vehicle. PW5 described the scene where she saw this as Kaunda Square Stage 2 off Tomstone J38 Road, first turn to your left then the first house on your right. The 1st Respondent was seen distributing PF ‘T’ shirts and PF chitenge materials at that house. I am, therefore, satisfied that these pleadings in the first paragraph of this election petition have been fully proved.”
“The 1st Respondent argued vehemently that she did not use government funds during her campaigns, but admitted that she used her salary which she was paid as a Minister. She called her salary as meagre and that she raised other funds from other sources to supplement her salary and what was paid to her as gratuity. Indeed, that was admission that the salary which she was paid was spent on her campaigns. She was paid that salary as a Minister the office which she held illegally.”
To the extent that she held the office of Minister illegally it follows that even the salaries which accrued to her were paid to her illegally, she was not entitled to that money. Those salaries were government money which she used to fund her campaigns. The only question is to what extent did that salary advantaged the 1st Respondent against the Petitioner?”
“The evidence shows that whereas the 1st Respondent used that salary and supplemented it with other resources from other sources, the Petitioner did not have such a salary. It is therefore true that she used government funds and this affected the Petitioner who had no access to government funds and had to depend solely on her private sources. This ground has been proved.”
Justice Musona also stated that there is evidence that the campaigns in Munali Constituency Parliamentary elections were marred with violence adding that the violence reached a crescendo when on 8th August, 2016 the UPND campaign bus was attacked by PF cadres.
“Apart from saying that she was not at the scene of the attack and that she did not know of that attack, F/Nkandu Luo has not sufficiently shown to court what measures she took in order to cage her supporters and/or agents whose violent conduct had then become a notorious fact even to the 1st Respondent. The brutal attack by PF cadres on UPND supporters which occurred in Mtendere on 8th August, 2016 was capable of influencing the voting pattern in Munali Constituency, this is so because news of that attack was reported in the media thereby spreading throughout Munali Constituency,” the judgement read.
Justice Musona said it then became risky to be associated with UPND especially when it became apparent that the state police officers were not capable of protecting the UPND supporters.
He charged that this was proved when the UPND supporters were attacked on their campaign bus and that the matter was reported to police and one suspect was identified but no action or arrest was taken by state police officers.
On the issue of the Form Gen. 12, Justice Musona ruled that Form Gen. 12 is a legal document and the failure by the Electoral Commission of Zambia to avail and provide this Form Gen. 12 shows not only the unfairness and lack of transparency but also the illegalities surrounding the Munali Constituency Parliamentary Elections.
“Some unfairness, procedural lapses and illegalities which characterized the Munali Constituency Parliamentary Elections could easily have been curtailed by the Electoral Commission of Zambia but did not sufficiently do so. I have found that the Electoral Commission of Zambia failed to conduct transparent, free and fair Parliamentary Elections in Munali Constituency in accordance with their mandate,” the judgement reads.
“The evidence by the Petitioner was that in Munali Constituency the Electoral Commission of Zambia did not provide adequate election material such as Form Gen. 12 and ink. In particular, the Petitioner had to make several photo copies of Form Gen. 12 and distributed them to Chainda Ward, Chakunkula Ward, Mtendere Ward and Kalingalinga Ward including University of Zambia (UNZA)which is in Kalingalinga Ward. By 14.00 hrs on 12th August, 2016 counting of votes had ended yet there was only one (1) Form Gen. 12 there which was with the Presiding Officer. A dispute arose as to which figures should be indicated on that Form Gen. 12. A PF member had different figures and insisted that his figurers should be recorded on Form Gen. 12.”
“This impasse was resolved after a recount of the votes was done. F/Wendi Lwendo Michelo who was PW5 in this case testified that at Kaunda Square Community Hall which is in Munali Ward, PF cadres caused confusion when UPND cadres demanded to have Form Gen. 12. According to PW5, the situation was calmed when state police officers who were present requested the PF cadres to leave the polling station. The allegation concerning lack of or the inadequacy of Form Gen. 12 did not affect the Petitioner alone. Suffice to state that it affected all the participants in that Parliamentary race.”
“This issue, however, is an important matter in the conduct of elections and in the spirit of promoting transparency and building confidence in the electoral system. It is important because Form Gen. 12 is a document for the Electoral Commission of Zambia which is used in an election at polling stations to record election results both in figures and in words. The design of Form Gen 12 shows that polling agents should append their names in full and signature at the back of that Form Gen. 12. Even if the use of Form Gen 12 is not couched in mandatory terms, when a dispute of this magnitude arises, compliance as to the way it is supposed to be filled in becomes a necessity. I have seen Form Gen. 12 for each polling station in Munali Constituency. Some of those Form Gen. 12 are not signed at the back. I have seen no reason why Form Gen. 12 for all the 14 polling stations were not signed by polling agents. This was despite the fact that the Petitioner wanted Form Gen 12 to be availed by the Electoral Commission of Zambia in order to record the election results thereon and also counter sign the same.”
Boma yafipuba
Excellent judgment!
Can someone educate this judge the meaning of boma.
Boma ni boma and sonta. ….. proves that abuse existed!? What a stupid assertion!
This guy gives law a very dull image!
A Daniel has spoken!!! This judgement is a direct reference to what happened in August…democracy with an ignorant population is dangerous…there is hope after all in my beloved Zambia! ECZ should improve and everyone giving credit to the last election should exam themselves with respect to this judgement!
All parliamentarians in PF who were illegal monotonic ministers should be arrested, pay back all the salaries of which were received fraudulently.
PF must respect the constitution & rule of law, the constitutional court found illegal PF ministers guilty of using govt resources prior, during & after elections.
The inept ACC & PF police are still in slumber! Until visionless Lungu tells them?
PF bandits are squandering tax payers monies by drinking Jameson like an ostrich in Sahara desert, always dancing to dununa reverse like camel’s movements. Where is blind Lungu when the economy is a crisis & load shedding tops the charts?
All PF minions are in govt illegally, thanks to the useless ECZ.
The Skeleton Key
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How did this man become a judge?
Kampyongo wanya na iwe.the law will visit you very soon for using violence during the compains…
The only courageous and sensible judge in Zambia. This man deserves a gold medal.
These are the kind of judges we want at ECZ and not cowardly man called Chulu.
Big man Musona, you deserve to be the Chief Justice or at least Concourt president and not those cowardly hyenas occupying that important office.
The natural conclusion is that Edgar Lungu should also be nullified.
This judgement is a clear and unequivocal statement of the uneveness not only of the Munali constituency elections but of the entire national parliamentary and presidential election thereby rendering by legal precedence the election of Vogiga Rungu null and void, as null as Nkandu Luo’s.
So all PF illegal MPs, start packing.
Let him or her who has ears hear.
All you need are prudent and fearless Judges like Musona and the Judiciary will reclaim its lost glory. I remember Musona as a magistrate, he handled both FTJ and RB’ s matters fairly and fearlessly until the corrupt Joshua came on the scene with fraudulent acquittals.
Nkandu Luo will win the appeal. This is a very stupid judgement. Sonta epo wabomba means simply show us (voters) what you have done. The judge should have been ask to take off his coat and everyone would have seen the UPND colours beneath.
This is a cear indication of a rigged election. The petition must be heard so that all these issues can come out and prove that Edgar was not duly elected as president of Zambia. Let the ConCourt reopen the case so that Zambians can know the truth. How could ECZ mishandle such important matters? Why were they refusing or deliberately not providing Form Gen 12? There is a lot we need to know and no wonder Edgar made sure the ConCourt did not hear the petition. But the truth will eventually come out and shame all the critics of the presidential petition. Already some things are being exposed. There is a lot more. Let the party begin…Let us expose these fraudstars. Edgar is a fraud; he did not win the elections therefore is an illegitimate president.
In totality of Eczema, or sorry, ECZs incredibility, irresponsibilities & incompetence of their unlawful yet misconduct in rigging partnership with PF of visionless Lungu, the Skeleton Key agres with you Questionnaire. Even every sane person knows that PF lost the elections but rigged by stealing the election victory from UPND.
The smell of rotten rats was severe when blind Lungu failed to hand over power to the speaker as required by the very amended constitution signed by Jameson Kamwendo~Munjila Edward.
The Skeleton Key
~206~
A boma is a livestock enclosure, stockade, small fort or a district government office used in many parts of the African Great Lakes region, as well as Central and Southern Africa. It is particularly associated with European colonial rule.
As a livestock enclosure, a boma is the equivalent of kraal. The former term is used in areas influenced by the Bantu Swahili language, and the latter is employed in areas influenced by Afrikaans.
In the form of fortified villages or camps, bomas were commonplace in Central Africa in the 18th and 19th century in areas affected by the slave trade, tribal wars and colonial conquest, and were built by both sides in such conflicts.
BOMA – British Overseas Military Administration
@ Vijay you’re the only one that has got it right referencing the context of usage and understanding of the acronym BOMA! What many are saying about it being a kraal is a latter learned understanding of the noun boma in other languages and not any Zambian tribe! Thus those who keep using the word “boma” in Zambia its synonymous to mean “government” period! They should not even argue to what @ Vijay enlightens for they were not there as late Mateo Phiri (MHSRIP) would have said!
Which normal person can buy Luo’s argument that she left GRZ car at home and used Noah private car for campaigns? Not me. The judge was right not to buy the crap. We all saw how flags were flapping on minister’s vehicles during campaigns. Moreover, it was during campaigns when Siamunene destroyed govt helicopter and nothing has been done about it. The statement alone of Boma ni Boma tells it all that the opposition can cry or do whatever you want but that will not stop them to use govt resources.
Look at the name of this judge “Edward Musona” from bantustan province!!am too sure that he voted for upnd.the reasons he has given go to Hon.Ministers like Harry Kalaba,Dr.C.Kambwili,etc who have since won their cases.so should only Prof.Luo to be affected?am too sure that a full bench at concourt or supreme court shall reverse this wrong judgement!!PF lost in Sinazongwe where upnd even killed a PF cadre.displaced all none tonga who were living there,etc but a judge in Livingstone still gave upnd the seat.so this judge is 100% personal and his hadred for PF may cost him his job like Mutembo Nchito because from this judgement all former PF ministers who retained their seats must have their seats nullified.in southern all PF members lived in fear.up to now,you cannot wear a PF kit unless…
The petitioner had sufficient evidence that she used government resources, violence and offensive slogans.
Njimbu you speak like someone who is ill educated. You know that in court you have to prove your case beyond reasonable doubt and this case was well presented and even as you read through you could see these were the facts on the ground. Why do you want to trouble yourself denying a scenario you are well aware of? Who does not know what was going on? Are you from the moon or just another planet? If people from Uganda and Kenya can describe what was going on in Zambia with precise accuracy, were you one of those that were always in a drunken stupor and were not aware what was going on? I don’t believe you because you know deep down that the opposition were at the known notorious party cadres mercy and would not dare wear their regalia lest they die a painful death.
@Njimbu…kwena ulichikopo chamuntu….I totally agree with Kasongo wabaluba….there is so much evidence at play here that points to the fact that the elections weren’t not free and fair. Some things you don’t need to argue. If only the corrupt Concourt had heard the UPND’S petition, none of this situation would crop up. But they didn’t at the expense of Zambian voters and now karma is here to haunt them till they drop. IMF is not going to release the funds to an illegitimate government. So be serious about your views mune. Zambia is bigger than anyone including your ECL.
Only a dull person cannot see that the photo is a pure fabrication. How can you have a member of a party clad in new attire pose for a photo which appears like he is trying to stone the cameraman? These are stupid photos by the opposition UPND.
Therefore, Kambwili and others should follow suit
These people are crazy
President Lungu abused his office by declaring that ministers can stay after parliament was dissolved. Is he above the law? He usurped powers of Judiciary, legislature and the executive. Who was going to question him whereby he took over all functions of the state because the lawyers were intimidated too. There was no separation of powers among the three organs of the government. Next is Harry Kalaba, Chishimba Kambwili, Dora Siliya, etc. Where the court have upheld former ministers election victory, the losing candidates can now appeal to supreme court as the precedent has been set.
I suspect the candidate was under siege but now He looks to have upped his game. If only He can flash out those seen to be deplorable s, this country could sober up and go back to normal, regaining the respect it has always commanded as a haven of peace and credibility in all spheres of Human endeavor.
I know this is UPND platform, and am probably going to be showered with insults and hate speech, but i cannot help but ask ARE THE PF AND UPND STILL KILLING EACH OTHER UP TO NOW? As the Pictures above shows PF cadres attacking UPND members suggests. I thought we were passed that PHASE. Zambians we have so much time , trying to fix other people’s lives and mistakes , to the pointer were we over look our own. WE need a COMPLETE CHANGED MIND SET. Not President the beloved Mr.Hikahinde Hichilema can fix this nation, as long as the mind sets don’t change, it looks like their in a natural inclination FAULTY FINDING,NOT TAKING RESPONSIBILITY FOR ONES OWN ACTIONS, AND LACK OF WORKMANSHIP. TOO MUCH PASSIVITY INSTEAD OF PRO-ACTIVITY. POVERTY MIND SET, which is why even if someone has a lot of…
Evidence cannot be buried and forgotten. The damage was done and shall stay with us forever. That is the reason why people should think hard before acting. Unfortunately this quality is missing among PF cadres.
BOMA – British Overseas Military Administration = BUT In current PF GOVERMENT this means WE GET YOU, ARREST YOU WITHOUTH CHARGE, LOCK YOU UP, OR EVEN KILL YOU IF YOU SUPPORTING OPPOSITION OR JUST SEEN WALKING DRESSED IN UPND hat or shirt or anything UPND.
PF IS KILLING THE NATION – WAKE UP
POVERTY MIND SET Causes people someone who has a lot of money, to still continus stealing and blocking others from being successful or even just having a little something. Ungrateful and selfish. Even though most people dont believe in prayers and God, we need a change in the mind and how we perceive and conduct our selves.
Continues meant to say
PF WILL ALWAYS REMAIN A BUNCH OF THIEVES. THESE THIEVES ARE RIPE FOR PROSECUTION AND IMPRISONMENT. JUSTICE MUSONA YOU ARE A TRUE SON OF THE SOIL WHOSE AIM IS TO PROTECT ZAMBIA AND ZAMBIANS BY EXPOSING THESE DIRTY-MINDED CRIMINALS IN PF THRU UPHOLDING THE JUDICIAL SYSTEM IN OUR COUNTRY. VIVA TRUE JUSTICE VIVA. THE CORRUPT AND THIEVING LUNGU GOVERNMENT MUST FALL!
Are you human or machine, use of capital letters have a set connotation in netiquette
USELESS JUDGEMENT BY INCOMPETENCE LAWYER.LOL THEN ALL MINISTERS SEATS SHOULD BE NULLIFIED.KIKI WE HAVE JOKERS IN THESE COURTS.
You are right!! Starting with Kambwili.
Are you human or machine, CAPITAL letters have a set connotation in netiquette
KBF has sensed danger already. More casualties are coming
This assertion is from a dullard! Boring
A mere slogan cannot influence the way I want to vote. Even Upnd had slogans and they didn’t influence anyone, people voted for their choice. Poor judgment with tinge of bitterness.
Boma ni Boma is an oppressive slogan. Sonta can only be used on people in government. How can I point where I worked when I am not in government?They borrowed millions to smear some black staff on the ground and now all of us have to pay and you call it sonta. Very unfair.
Hypothetical Upnd!!! If such shallow reasons were given against a Upnd candidate you’re going to this dull judge a PF cadre not so?
If being a minister gives someone undue advantage, then for the president this one million times. In fact this is a useless reason which only applies only in a primitive state
IF THIS IS A UPND BLOG – THEN WELL DONE GUYS. ZNBC Zambia Daily mail and Times of Zambia belong to
BOMA – British Overseas Military Administration
So not all judges are useless. At least we still have people like Judge Musona who believe in fairness and not like those useless Concourt judges. Lesa ni malyotola ask Kambwili who was busy promoting tribalism where he is now
price of greed, difficult to support her as she has out lived parliamentary life.
The Judge has mis directed himself in several ways but particularly concerning the use of Slogans “Boma ni Boma” and “Sonta Epowabomba” these are mere slogans and do not constitute use government resources during a campaign. The petition did not provide proof of the government vehicle used during the campaigns apart from testimonies of UPND members collaborating a story. Also at the time Luo was inspecting the projects in the constituency the court had not deliberated the matter. Lastly it is not the job of the electoral commission of zambia to chase after party agents to sign the form; let us suppose a political party fails to provide agents at a polling station as was the case several areas would it be considered a problem caused by the ECZ? The Judge should read his Judgement…
The judge must have been sick. What tribe is Musona? Same Same with Chibomba?
This is bigotry. Please, hold your breath.
Sorry UPND guys. It is too late. Try another time. Judgements on the other Ministers have already passed and it is only Judge Musona who may have delivered a faulty Judgement which will be replaced by a higher court. As to UPND guys, please sober up and come to reality that elections have passed and we should move on. May be, who knows, Judge Musona may be bitter with a transfer to Ndola as he can not attribute ECZ shortcomings to nurification of Nkandu Luo’s election. Anyway, we wait and see how far this matter will go.
You Dyonko need to wake up and know that a country can not be allowed to be ruled on the call of violence and lawlessness. it is time to realize and know that even a humble home has rules. ECL was surrounded by a team of a class of only what Hillary knows how best to describe. The Nation of Zambia has been knocked down to its knees and we can only hope that people like you who can not distinguish between right and wrong will wake up from your slumber.
We should be emotional here as you yourselves have advised before. So for once we are smiling I just wanted to point out that since the ex. Hon MP Luo says he Ministerial Salary was merger can she proceed to reimburse the poor Zambian people of the merger salary, fuel, allowance and uses of government driver which she got illegally? After it is in her evidence ‘merger”
UPND in PF cadres regalia dressed for a camera and NOT for a battle.
I remember a judge who passed a judgment against Mwanawasa ‘s government. After being rebuked by Levy, the judge claimed he had a bout of malaria which had clouded his senses. Hope this is the same stoopidity by Musong ‘a.
Comment: Some of you people who support wrong I don’t really understand what you are made of even things u truly know that its wrong u are there busy defending it. who doesn’t know in there rightful mind that the 2016 general election where the worst of all poles conducted in Zambia. its not a question of being a Tonga or what some of these things you are supporting now will one day affect you and u cry terribly. God is for all you think you are clever with your pf now but wait the time of reckoning is coming look at kambwili now I can assure you all of you are supporting what of is doing to this country just wait God never slumber.
This judgement by Justice Musona is a typical phenomenon of a KANGAROO COURT. It is difficult to trace any elements of legal points. Musona exhibits traits of a corrupted Judge.
My comments will not be allowed, I don’t know why.
If masona uttered these words, he needs to be investigated from grade seven, nine, 12, and Unza results for leakage. ZIALE results should be rivisted too.
The buck stops at Lungu.He is the one who allowed them to remain in office after the dissolution of Parliament.He will find where to take them.Nkandu Luo is just the first.Let justice prevail.Simply shows this regime is a fraud.Intact all parley seats in Lusaka should be nullified
The slogans and how they are connected to rigging or unfair practices are very unconvincing.
The battle has jst begun
Point of collection to my fellow media user,first this is not a upnd platform so no one should boast of it coz it belongs to all Zambian,and for ndanji khakis my brother no one has been denied the right to pertition
Let anyone who feel not comfortable with the out come of the result and has touchable evidence,let them do so.whether pf,upnd,independent all have the right.
Abuse of office? I go on stage and outline my successes that’s abuse office.